peace deal was rejected in a referendum, in
part because of concerns over the
agreement’s lax justice provisions.
On 12 November, the two sides
announced a revised peace deal, which was
signed on 24 November. The agreement was
ratified by Congress on 30 November, after
which the FARC was due to begin a sixmonth process of demobilization and
disarmament, to be monitored and verified in
part by a mission of unarmed UN observers.
By the end of the year, FARC combatants
had yet to congregate in the concentration
zones from where they were due to start the
demobilization process, because of delays in
making these areas habitable.
On 28 December, Congress approved a
law to provide amnesties or pardons to FARC
combatants and the waiving of criminal
prosecutions for security force personnel not
under investigation for or convicted of crimes
under international law. Those who had
served at least five years in prison for crimes
under international law will, under certain
circumstances, be conditionally released.
Ambiguities in the law could result in many
human rights abusers evading justice.
The modifications made to the peace
agreement did not significantly strengthen
victims’ rights. However, a provision requiring
the FARC to provide an inventory of the
assets it acquired in the conflict, which would
be used to provide reparation to victims,
would, if effectively implemented, be a
positive development.
The peace agreement established a
Special Jurisdiction for Peace – to come into
force once approved by Congress – to
investigate and punish those responsible for
crimes under international law, a truth
commission and a mechanism to locate
and identify those missing as a result of
the conflict.
Despite some positive features, however, it
fell short of international law and standards
on victims’ rights, including punishments that
appeared to be inconsistent with the gravity
of certain crimes and a definition of
command responsibility that could make it
difficult to hold to account FARC and security
124
force commanders for crimes committed by
their subordinates.
On 30 March, the government and the
ELN announced that they would begin peace
talks. However, the process had not started
by the end of the year because of the ELN’s
failure to release one of its high-profile
hostages.
President Santos was awarded the Nobel
Peace Prize on 7 October for his role in
securing the peace deal.4
INTERNAL ARMED CONFLICT
By 1 December 2016, the state’s Victims’
Unit had registered almost 8 million victims
of the conflict since 1985, including some
268,000 killings, most of them of civilians;
more than 7 million victims of forced
displacement; around 46,000 victims of
enforced disappearances; at least 30,000
cases of hostage taking; more than 10,000
victims of torture; and some 10,800 victims
of anti-personnel mines and unexploded
ordnance. The security forces, paramilitaries
and guerrilla groups were responsible for
these crimes.
The de-escalation of hostilities between the
security forces and the FARC during the year
led to a sharp reduction in combat-related
violence affecting civilians. But Indigenous,
Afro-descendant and peasant farmer
communities, especially those living in areas
of interest to agro-industrial, mining and
infrastructure concerns, continued to face
human rights violations and abuses.
In August, four members of the Awá
Indigenous people were shot dead by
unidentified gunmen in three separate
attacks in Nariňo Department. Among the
victims was Camilo Roberto Taicús Bisbicús,
leader of the Awá Indigenous reservation
(resguardo) of Hojal La Turbia, in Tumaco
Municipality.
In March, more than 6,000 people, mainly
from Indigenous and Afro-descendant
communities, were forcibly displaced from
three river areas in Chocó Department as a
result of fighting between armed groups.
Amnesty International Report 2016/17
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